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Companies and Allied Matters Act 2020 · Part B · Chapter 14

Section 389Penalty for non-compliance with section 388

(1)
If in a year any of the requirements of section 388 (1) or (3) are not complied with by any company, every person who immediately before the end of that period was a director of the company, in respect of each of those subsections which is not so complied with, is liable to a penalty as the Commission shall specify in its regulations.
(2)
If a person is charged with an offence in respect of any of the requirements of section 384 (1) or (3), it is a defence for him to prove that he took all reasonable steps for securing that those requirements be complied with before the end of the period allowed for laying and delivering accounts.
(3)
In proceedings under this section with respect to a requirement to lay a copy of a document before a company in general meeting, or to deliver a copy of a document to the Commission, it is not a defence to prove that the document in question was not in fact prepared as required by this Part of this Act.
Cite as: Companies and Allied Matters Act 2020, section 389

What this section means

From the guide: Accounting records, annual accounts and the directors’ report under CAMA 2020

  • They have a defence if they took all reasonable steps (sections 389 and 391).

Read the whole subject

Source: Companies and Allied Matters Act 2020 (Act No. 3 of 2020), Official Gazette No. 124, Lagos, 10 August 2020. General information, not legal advice.